Las variedades diastráticas: Los sociolectos

The Employee acknowledges that she/he familiarised herself/himself with the provisions of section 3B and 12 of the Act.

4. Termination of employment

4.1 The term of office of the Employee may be terminated in the following ways:

4.1.1 On reaching the prescribed (or earlier optional) retirement age .

4.1.2 On completing a term or extended term of office.

4.1.3 Premature retirement at own request of Employee.

4.1.4 Discharge in terms of any of the subsections of section 17 of the Act.

4.1.5 Re-determination of original term or extended term of office by the Employer.

4.1.6 Voluntary resignation.

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4.2 Pension and other payable benefits are directly linked to the specific section of the Act which is utilised, as regulated by the Government Employees Pension Fund Law, 1996, the regulations promulgated thereunder as applicable to a Head of Department and the Regulations.

4.3 Subject to the provisions of sections 16(5) and 12(1) or (2) of the Act, and the Labour Relations Act, 1995, either party may, after consultation and agreement, terminate the Contract before the expiry of an original term of office or an extended term of office, by giving to the other party three months' notice of termination, which notice shall -

4.3.1 be given in writing; and

4.3.2 be given on or before the last day of a month and take effect on the first day of the succeeding month.

4.4 Should notice of termination be given as contemplated in clause 4.3, the Employer has the right to require the Employee to vacate the office occupied by her/him and to leave the premises of the Department before the expiry of the three months notice period on a day stipulated by the Employer and not to present herself/himself for duty any time thereafter.

4.5 Should the Employer invoke the provisions of clause 4.4, the Employee will still be entitled to all such benefits as contained in the relevant prescripts.

4.6 In the case of inefficiency and misconduct, the Employer may deal with her/him, in accordance with the relevant labour legislation and any directive issued by the Minister.

5. Renewal and extension of term of office

5.1 The Employer shall in writing confer with the Employee at least two calendar months prior to the expiry of the term contemplated in clause 1 (supra) whether she/he proposes to retain the Employee in service for any extended period not exceeding five years (60 calendar months), or not. If the Employee is so informed of such intention to retain her/him in service for an extended term, she/he shall in writing inform the Employer, within one calendar month from the date of that communication, of her/his acceptance or not of such extended employment.

5.2 In the event that agreement is reached that the Employee shall enter into a further Contract on termination or completion of her/his Contract, the continued service of the Employee will be recognised under the new Contract so as to avoid any break of service and any accrued or pro rata entitlement will be carried forward into the new Contract.

5.3 Should the Employer not renew the Contract period beyond the initial period as stated in Clause 1 above, the Employee shall be entitled to the pension and other benefits directly linked to the specific section of the Act which is utilised.

6. Conduct

6.1 The Employee undertakes to the Employer that she/he–

6.1.1 shall not, without the applicable consent and during her/his employment or at any time thereafter, disclose any record, as defined in section 1 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000), that must or may be refused upon a request for access to a record of a public body in terms of that Act, whether or not that Act is in force;

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6.1.2 shall not, during her/his employment or at any time thereafter, use any record so defined and obtained as a result of her/his employment, to the detriment of the State, except if it is used in the exercise or protection of any right, or legitimate expectation, conferred by law;

6.1.3 shall-

(a) if so requested by the Employer during her/his employment or on the termination of her/his employment, submit to the Employer any record so defined and in the Employee's possession as a result of her/his employment; and

(b) not retain any copies of or extracts from such record, except with consent of the Employer; and

6.1.4 shall comply with the prescribed Code of Conduct.

6.2 The Employee -

6.2.1 acknowledges that she/he has carefully considered the provisions of the clause;

6.2.2 agrees that this clause is, after taking all relevant circumstances into account, reasonable and necessary for the proper protection of the interests of the Employer and the Government of the Republic of South Africa and that if she/he should at any time dispute the reasonableness of this clause, then the onus of proving such unreasonableness will be upon her/him; and

6.2.3 acknowledges that she/he entered into this Contract freely and voluntarily and that no circumstances exist and/or existed for her/him alleging either now or at any future time that she/he was at a disadvantage in agreeing to the restraints set out in this clause or was other than in an equal bargaining position with the Employer in agreeing to such restraints.

7. Additional terms and conditions

The Employer and the Employee hereby agree to the following additional terms and conditions as contemplated in section 12(4) of the Act (delete if not applicable):

7.1 The Employee shall enter into an annual performance agreement with the Employer, linked to a specific financial year, which shall includeat least the following:

7.1.1 Salary increases will be based on the performance of the Employee. Performance will be assessed in accordance with her/his responsibilities and key performance areas contained in her/his performance agreement and the extent to which the Employee complied therewith, as well as any directives which the Minister for the Public Service and Administration may issue. Salary increases for the Employee will be based on individual consultation. The Employee along with the Employer have the responsibility to consult regarding her/his salary increase and cash bonus within the restrictions of the budget based on the performance of the Employee. The salary increase and cash bonus of the Employee shall be based on determinations, directives and guidelines issued by the Minister for the Public Service and Administration.

7.1.2 An annual performance agreement provided for in terms of paragraph 7.1 above linked to a specific financial year, stating clear performance areas/ criteria/deliverables of the Department and the Employee must be entered into for the duration of this Contract. As performance agreements are linked to financial years, it should be entered into at the latest on 30 Aprilevery year for the duration of this Contract. The Employee should enter into her/his first

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performance agreement not later than three months after assumption of duty. In terms of the Public Service Regulations VII B.2, the Employer shall record delegations and/or authorisation in the performance agreement.

7.1.3 The performance agreement shall be revised if, at any time during its term, the work or environment of the Department is so altered (whether as a result of Government or management decision or otherwise) that the contents of it are no longer appropriate.

7.1.4 This Contract is directly linked to the performance agreement referred to in 7.1

supra. In the event that the Employee does not perform satisfactorily in relation to the requirements of her/his performance agreement, the Employee acknowledges that the Employer may deal with her/him, in accordance with the procedure contained in the relevant labour legislation and any other directives issued by the Minister.

7.1.5 ______________________________________________________________

______________________________________________________________

______________________________________________________________

7.2 Any other particular duties of the head of department:

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

7.3 The grounds upon, and the procedures according to which, the services of the head of department may be terminated before the expiry of his or her term of office or extended term of office, as the case may be:

____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________

8. General

8.1 Good faith

In the implementation of this Contract, the parties undertake to observe the utmost good faith and they warrant in their dealing with each other that they will neither do anything nor refrain from doing anything that might prejudice or detract from the rights, assets or interests of each other.

8.2 Applicability of the Act

Any matters arising from this Contract, which are not specifically provided for herein, shall be dealt with in accordance with the provisions of the Act, as amended, the aforesaid Regulations and other relevant legislation.

8.3 Interpretation of Agreement

The interpretation of this Contract shall be governed by the laws and legal principles applicable in the Republic of South Africa.

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8.4.1 The Employee submits to the jurisdiction of the Courts of the Republic of South Africa in the event of any legal proceedings arising from the provisions of this Contract.

8.4.2 It shall not be a breach of the Contract if a party to this Contract is prevented from or hindered in the performance or observance of its obligations hereunder by any Act of Parliament or other action of the State or by any cause or event outside the control of that party.

8.5 Variation

8.5.1 The Contract constitutes the whole of the agreement between the parties to this Contract relating to the subject matter of this Contract, and save as otherwise provided, no amendment, alteration, addition or variation of any right, term or condition of this Contract will be of any force or effect unless reduced to writing and signed by the parties to this Contract.

8.5.2 The parties agree that there are no other conditions, warranties or representations, whether oral or written and whether expressed or implied or otherwise, save those contained in this Contract, Act, the Regulations and other relevant legislation (e.g. Government Employees Pension Fund Law).

8.6 Waiver

No waiver of any of the terms and conditions of this Contract will be binding for any purpose unless expressed in writing and signed by the party giving the same, and any such waiver will be effective only in the specific instance and for the purpose given. No failure or delay on the part of either party in exercising any right, power or privilege precludes any other or further exercise thereof or the exercise of any other right, power or privilege.

9. Notice and Domicilium

9.1 The parties choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary in terms of this Contract, the following addresses-

Employer Employee

Physical address ____________________ _______________________

Postal address ____________________ _______________________

Telefax Number ___________________ _______________________

provided that a party reports any change of her or his domicilium to any other physical address, postal address or telefax number by written notice to the other party. Such change of address will be effective seven days after receipt of notice of the change of

domicilium.

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9.2.1 be given in writing; and

9.2.2 be delivered or sent by prepaid registered post or by telefax; and

9.2.3 if delivered, be presumed to have been received on the date of delivery; or

9.2.4 if sent by prepaid registered post, be presumed to have been received within three business days of posting unless the contrary is proved; or

9.2.5 if sent by telefax, be presumed to have been received on the first business day following the date of sending of the telefax unless the contrary is proved.

SIGNED by the Employer at _______________________ on the ___day of _____________________

AS WITNESSES:

1. ___________________________ __________________________________

EMPLOYER (EXECUTING AUTHORITY